Illinois Central R. R. v. Whittemore

Citations

• 43 Ill. 420

Syllabus

<p>1. Railboad companies—concerning violation of rules of—by passengers —refusal to surrender ticket—and non-payment of fare—distinct offenses. Tbe refusal of a passenger to surrender Ms ticket to the conductor when demanded, does not constitute the same offense as the non-payment of fare, and the statutory prohibition against the expulsion of passengers for the latter offense, except at a regular station, does not apply to the former case.</p> <p>2. Same—when may expel at a place other than a regular station. A railroad company may expel a passenger from its train, at a place other than a regular station, for the violation of any reasonable rule, other than that of non-payment of fare.</p> <p>3. Same—in what case—passenger can only be expelled at a regular station. The statute forbids the expulsion of a passenger at a place other than a regular station, only in case of a refusal to pay fare. And neglect by a passenger to purchase a ticket before entering the train, when required by the rules of the company, in substance amounts to a refusal to pay fare, and justifies an expulsion only at a regular station.</p> <p>4. Same—may require an observance of all reasonable rules. A railroad company has the right to require of its passengers the observance of all reasonable rules, calculated to insure comfort, convenience, good order and behavior, and secure the safety of its trains, and the proper conduct of its business as a common carrier.</p> <p>5. Same—expulsion by—for violation of rules — a common law right. When a passenger wantonly disregards any reasonable rule, the obligation to transport him ceases, and the company may expel him from the train, using no more force than may be necessary for such purpose, and not at a dangerous or inconvenient place. This is a common law right, and has been restricted by statute only in cases of non-payment of fare.</p> <p>6. Same—what will be considered a reasonable rule. A rule adopted by a railroad company, requiring passengers t